HBA-KDB H.B. 875 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 875 By: Junell Criminal Jurisprudence 3/22/2001 Introduced BACKGROUND AND PURPOSE An inquest is an investigation into the cause and circumstances of the death of a person and a determination, made with or without a formal court hearing, as to whether the death was caused by an unlawful act or omission. Currently, only a justice of the peace has the authority to conduct an inquest. However, if a justice of the peace is unavailable, there is no provision that authorizes another member of the judiciary to conduct an inquest. According to a July 20, 1999, Attorney General opinion, if the justice of the peace is unavailable, a county judge is authorized to be notified of a death requiring an inquest, but has no authority to actually conduct the inquest. House Bill 875 authorizes a county judge of the county in which the justice of the peace serves to conduct an inquest, if the justice of the peace is unavailable. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 875 amends the Code of Criminal Procedure to authorize the county judge of the county in which the justice of peace serves to conduct an inquest relating to a death if the justice of the peace is unavailable. The bill authorizes the county judge, in conducting the inquest, to exercise any power and perform any duty otherwise granted to or imposed on the justice of the peace. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.